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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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Bombay High Court Allows CIDCO's Second Appeal in Part, Remands for Demarcation of Encroached Land. Dispute over ownership and encroachment of land survey no. 34/1 at Jaswantpura, Aurangabad, with conflicting claims between plaintiffs and CIDCO.

The case involves two second appeals by the City and Industrial Development Corporation (CIDCO) against a common judgment of the appellate court. The ...

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Bombay High Court Dismisses Petitions Challenging Land Reservation for Sports Complex in Development Plan. Court upholds reservation of land for a multipurpose sports complex under the Maharashtra Regional and Town Planning Act, 1966, rejecting claims of non-implementation and lack of public purpose.

The Bharatiya Adhyatmic Society, a public charitable trust, owned land in Chembur, Mumbai. The land was reserved for a 'Chembur Multipurpose Complex' ...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

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Bombay High Court Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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Bombay High Court Partially Allows Appeal for Enhanced Compensation in Land Acquisition Case — Market Value of Irrigated Land Fixed at Rs.1,50,000 per Hectare. Land Acquisition Act, 1894 — Classification of land into dry/irrigated categories set aside; compensation for all 475 orange trees awarded.

The appellant, Liladhar s/o Pandurangi Pohane, owned agricultural land bearing survey No.10 admeasuring 7.35 hectares at village Pimpalgaon, Tahsil Ar...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...